I

103D CONGRESS

2D SESSION H. R. 5134

To protect victims of crime.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1994

Mr. SANTORUM (for himself, Ms. PRYCE of Ohio, Mr. CANADY, Mr. CLINGER,

Mr. WELDON, Mr. BOEHNER, Mr. ARMEY, Mr. RIDGE, Ms. MOLINARI,

Mr. KYL, Mr. DELAY, Mr. CUNNINGHAM, Mr. LIVINGSTON, Mr. BACHUS

of Alabama, Mr. HUNTER, Mr. TORKILDSEN, Mr. INGLIS of South Carolina, Mr. LINDER, Mr. ROTH, Mr. MCCOLLUM, Ms. DUNN, Mr. DUNCAN,

and Mr. KNOLLENBERG) introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To protect victims of crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Victims’ Rights Act

5 of 1994’’.
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1 TITLE I—ELIMINATING EXCES2 SIVE AND REDUNDANT AP3 PEALS

4 SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HA5 BEAS CORPUS FOLLOWING FINAL JUDGMENT

6 OF A STATE COURT.

7 Section 2244 of title 28, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(d) A one-year period of limitation shall apply to an

10 application for a writ of habeas corpus by a person in cus11 tody pursuant to the judgment of a State court. The limi12 tation period shall run from the latest of the following:

13 ‘‘(1) The time at which State remedies are ex14 hausted.

15 ‘‘(2) The time at which the impediment to filing

16 an application created by State action in violation of

17 the Constitution or laws of the United States is re18 moved, where the applicant was prevented from fil19 ing by such State action.

20 ‘‘(3) The time at which the Federal right as21 serted was initially recognized by the Supreme

22 Court, where the right has been newly recognized by

23 the Court and is retroactively applicable.

24 ‘‘(4) The time at which the factual predicate of

25 the claim or claims presented could have been dis-
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1 covered through the exercise of reasonable dili2 gence.’’.

3 SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE

4 CERTIFICATES OF PROBABLE CAUSE FOR AP5 PEAL IN HABEAS CORPUS AND FEDERAL COL6 LATERAL RELIEF PROCEEDINGS.

7 Section 2253 of title 28, United States Code, is

8 amended to read as follows:

9 ‘‘§ 2253. Appeal

10 ‘‘(a) In a habeas corpus proceeding or a proceeding

11 under section 2255 of this title before a circuit or district

12 judge, the final order shall be subject to review, on appeal,

13 by the court of appeals for the circuit where the proceed14 ing is had.

15 ‘‘(b) There shall be no right of appeal from such an

16 order in a proceeding to test the validity of a warrant to

17 remove, to another district or place for commitment or

18 trial, a person charged with a criminal offense against the

19 United States, or to test the validity of his detention pend20 ing removal proceedings.

21 ‘‘(c) An appeal may not be taken to the court of ap22 peals from the final order in a habeas corpus proceeding

23 where the detention complained of arises out of process

24 issued by a State court, or from the final order in a pro-
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1 ceeding under section 2255 of this title, unless a circuit

2 justice or judge issues a certificate of probable cause.’’.

3 SEC. 103. CONFORMING AMENDMENT TO THE RULES OF AP4 PELLATE PROCEDURE.

5 Federal Rule of Appellate Procedure 22 is amended

6 to read as follows:

7 ‘‘RULE 22

8 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

9 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA10 BEAS CORPUS.—An application for a writ of habeas cor11 pus shall be made to the appropriate district court. If ap12 plication is made to a circuit judge, the application will

13 ordinarily be transferred to the appropriate district court.

14 If an application is made to or transferred to the district

15 court and denied, renewal of the application before a cir16 cuit judge is not favored; the proper remedy is by appeal

17 to the court of appeals from the order of the district court

18 denying the writ.

19 ‘‘(b) NECESSITY OF CERTIFICATE OR PROBABLE

20 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

21 which the detention complained of arises out of process

22 issued by a State court, and in a motion proceeding pursu23 ant to section 2255 of title 28, United States Code, an

24 appeal by the applicant or movant may not proceed unless

25 a circuit judge issues a certificate of probable cause. If
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1 a request for a certificate of probable cause is addressed

2 to the court of appeals, it shall be deemed addressed to

3 the judges thereof and shall be considered by a circuit

4 judge or judges as the court deems appropriate. If no ex5 press request for a certificate is filed, the notice of appeal

6 shall be deemed to constitute a request addressed to the

7 judges of the court of appeals. If an appeal is taken by

8 a State or the Government or its representative, a certifi9 cate of probable cause is not required.’’.

10 SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICA11 TION DESPITE FAILURE TO EXHAUST STATE

12 REMEDIES.

13 Section 2254(b) of title 28, United State Code, is

14 amended to read as follows:

15 ‘‘(b) An application for a writ of habeas corpus in

16 behalf of a person in custody pursuant to the judgment

17 of a State court shall not be granted unless it appears

18 that the applicant has exhausted the remedies available

19 in the courts of the State, or that there is either an ab20 sence of available State corrective process or the existence

21 of circumstances rendering such process ineffective to pro22 tect the rights of the applicant. An application may be

23 denied on the merits notwithstanding the failure of the

24 applicant to exhaust the remedies available in the courts

25 of the State.’’.
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1 SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRIS2 ONERS FILING FOR COLLATERAL REMEDY.

3 Section 2255 of title 28, United States Code, is

4 amended by striking the second paragraph and the penul5 timate paragraph thereof, and by adding at the end the

6 following:

7 ‘‘A two-year period of limitation shall apply to a mo8 tion under this section. The limitation period shall run

9 from the latest of the following:

10 ‘‘(1) The time at which the judgment of convic11 tion becomes final.

12 ‘‘(2) The time at which the impediment to mak13 ing a motion created by governmental action in vio14 lation of the Constitution or laws of the United

15 States is removed, where the movant was prevented

16 from making a motion by such governmental action.

17 ‘‘(3) The time at which the right asserted was

18 initially recognized by the Supreme Court, where the

19 right has been newly recognized by the Court and is

20 retroactively applicable.

21 ‘‘(4) The time at which the factual predicate of

22 the claim or claims presented could have been dis23 covered through the exercise of reasonable dili24 gence.’’.
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1 SEC. 106. SPECIAL PROCEDURES FOR COLLATERAL PRO2 CEEDINGS IN CAPITAL CASES.

3 (a) Title 28, United States Code, is amended by in4 serting the following new chapter after chapter 153:

‘‘CHAPTER 154—HABEAS CORPUS PROCEDURES IN CAPITAL

CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to State unitary review procedure.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

5 ‘‘§ 2256. Prisoners in State custody subject to capital

6 sentence; appointment of counsel; re7 quirement of rule of court or statute; pro8 cedures for appointment

9 ‘‘(a) IN GENERAL.—This chapter applies to cases

10 arising under section 2254 brought by prisoners in State

11 custody who are subject to a capital sentence. It applies

12 only as provided in subsections (b) and (c).

13 ‘‘(b) STATEMENT RULE.—This chapter applies if a

14 State establishes by rule of its court of last resort or by

15 statute a mechanism for the appointment, compensation

16 and payment of reasonable litigation expenses of com17 petent counsel in State postconviction proceedings brought

18 by indigent prisoners whose capital convictions and sen-
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1 tences have been upheld on direct appeal to the court of

2 last resort in the State or have otherwise become final for

3 State law purposes. The rule of court or statute must pro4 vide standards of competency for the appointment of such

5 counsel.

6 ‘‘(c) APPOINTMENT OF COUNSEL.—Any mechanism

7 for the appointment, compensation and reimbursement of

8 counsel as provided in subsection (b) must offer counsel

9 to all State prisoners under capital sentence and must pro10 vide for the entry of an order by a court of record (1)

11 appointing one or more counsel to represent the prisoner

12 upon a finding that the prisoner is indigent and accepted

13 the offer or is unable competently to decide whether to

14 accept or reject the offer; (2) finding, after a hearing if

15 necessary, that the prisoner rejected the offer of counsel

16 and made the decision with an understanding of its legal

17 consequences; or (3) denying the appointment of counsel

18 upon a finding that the prisoner is not indigent.

19 ‘‘(d) DISQUALIFICATION FOR APPOINTMENT.—No

20 counsel appointment pursuant to subsections (b) and (c)

21 to represent a State prisoner under capital sentence shall

22 have previously represented the prisoner at trial or on di23 rect appeal in the case for which the appointment is made

24 unless the prisoner and counsel expressly request contin25 ued representation.
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1 ‘‘(e) LIMITATION ON GROUND FOR RELIEF.—The in2 effectiveness or incompetence of counsel during State or

3 Federal collateral postconviction proceedings in a capital

4 case shall not be a ground for relief in a proceeding arising

5 under section 2254. This limitation shall not preclude the

6 appointment of different counsel, on the court’s own mo7 tion or at the request of the prisoner, at any phase of

8 State or Federal postconviction proceedings on the basis

9 of the ineffectiveness or incompetence of counsel in such

10 proceedings.

11 ‘‘§ 2257. Mandatory stay of execution; duration; limits

12 on stays of execution; successive peti13 tions

14 ‘‘(a) STAY OF EXECUTION.—Upon the entry in the

15 appropriate State court of record of an order under section

16 2256(c), a warrant or order setting an execution date for

17 a State prisoner shall be stayed upon application to any

18 court that would have jurisdiction over any proceedings

19 filed under section 2254. The application must recite that

20 the State has invoked the postconviction review procedures

21 of this chapter and that the scheduled execution is subject

22 to stay.

23 ‘‘(b) EXPIRATION OF STAY.—A stay of execution

24 granted pursuant to subsection (a) shall expire if—
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1 ‘‘(1) a State prisoner fails to file a habeas cor2 pus petition under section 2254 within the time re3 quired in section 2258, or fails to make a timely ap4 plication for court of appeals review following the de5 nial of such a petition by a district court;

6 ‘‘(2) upon completion of district court and court

7 of appeals review under section 2254 the petition for

8 relief is denied and (A) the time for filing a petition

9 for certiorari has expired and no petition has been

10 filed; (B) a timely petition for certiorari was filed

11 and the Supreme Court denied the petition; or (C)

12 a timely petition for certiorari was filed and upon

13 consideration of the case, the Supreme Court dis14 posed of it in a manner that left the capital sentence

15 undisturbed; or

16 ‘‘(3) before a court of competent jurisdiction, in

17 the presence of counsel and after having been ad18 vised of the consequences of his decision, a State

19 prisoner under capital sentence waives the right to

20 pursue habeas corpus review under section 2254.

21 ‘‘(c) LIMITATION ON COURT AUTHORITY.—If one of

22 the conditions in subsection (b) has occurred, no Federal

23 court thereafter shall have the authority to enter a stay

24 of execution or grant relief in a capital case unless—
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1 ‘‘(1) the basis for the stay and request for relief

2 is a claim not previously presented in the State or

3 Federal courts;

4 ‘‘(2) the failure to raise the claim is (A) the re5 sult of State action in violation of the Constitution

6 or laws of the United States; (B) the result of the

7 Supreme Court recognition of a new Federal right

8 that is retroactively applicable; or (C) based on a

9 factual predicate that could not have been discovered

10 through the exercise of reasonable diligence in time

11 to present the claim for State or Federal

12 postconviction review; and

13 ‘‘(3) The facts underlying the claim would be

14 sufficient to establish by clear and convincing evi15 dence that but for constitutional error, no reasonable

16 fact finder would have found the petitioner guilty of

17 the underlying offense or eligible for the death pen18 alty under State law.

19 ‘‘(d) SUCCESSIVE HABEAS STAYS.—Notwithstanding

20 any other provision of law, no Federal district court or

21 appellate judge shall have the authority to enter a stay

22 of execution, issue injunctive relief, or grant any equitable

23 or other relief in a capital case on any successive habeas

24 petition (or other action which follows the final determina25 tion of a first habeas corpus petition) unless the court first
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1 determines the petition or other action does not constitute

2 an abuse of the writ. This determination shall be made

3 only by the district judge or appellate panel who adju4 dicated the merits of the original habeas petition (or to

5 the district judge or appellate panel to which the case may

6 have been subsequently assigned as a result of the unavail7 ability of the original court or judges). In the Federal

8 courts of appeal, a stay may issue pursuant to the terms

9 of this provision only when a majority of the original panel

10 or majority of the active judges determines the petition

11 does not constitute an abuse of the writ.

12 ‘‘§ 2258. Filing of habeas corpus petition; time re13 quirements; tolling rules

14 ‘‘Any petition for habeas corpus relief under section

15 2254 must be filed in the appropriate district court within

16 one hundred and eighty days from the filing in the appro17 priate State court of record of an order under section

18 2256(c). The time requirements established by this section

19 shall be tolled—

20 ‘‘(1) from the date that a petition for certiorari

21 is filed in the Supreme Court until the date of final

22 disposition of the petition if a State prisoner files

23 the petition to secure review by the Supreme Court

24 of the affirmance of a capital sentence on direct re-
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1 view by the court of last resort of the State or other

2 final State court decision on direct review;

3 ‘‘(2) during any period in which a State pris4 oner under capital sentence has a properly filed re5 quest for postconviction review pending before a

6 State court of competent jurisdiction; if all State fil7 ing rules are met in a timely manner, this period

8 shall run continuously from the date that the State

9 prisoner initially files for postconviction review until

10 final disposition of the case by the highest court of

11 the State, but the time requirements established by

12 this section are not tolled during the pendency of a

13 petition for certiorari before the Supreme Court ex14 cept as provided in paragraph (1); and

15 ‘‘(3) during an additional period not to exceed

16 sixty days, if (A) a motion for an extension of time

17 is filed in the Federal district court that would have

18 proper jurisdiction over the case upon the filing of

19 a habeas corpus petition under section 2254; and

20 (B) a showing of good cause is made for the failure

21 to file the habeas corpus petition within the time pe22 riod established by this section.
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1 § 2259. Evidentiary hearings; scope of Federal review;

2 district court adjudication

3 ‘‘(a) PROCEDURE.—Whenever a State prisoner under

4 a capital sentence files a petition for habeas corpus relief

5 to which this chapter applies, the district court shall—

6 ‘‘(1) determine the sufficiency of the record for

7 habeas corpus review based on the claims actually

8 presented and litigated in the State courts except

9 when the prisoner can show that the failure to raise

10 or develop a claim in the State courts is (A) the re11 sult of State action in violation of the Constitution

12 or laws of the United States; (B) the result of the

13 Supreme Court recognition of a new Federal right

14 that is retroactively applicable; or (C) based on a

15 factual predicate that could not have been discovered

16 through the exercise of reasonable diligence in time

17 to present the claim for State postconviction review;

18 and

19 ‘‘(2) conduct any requested evidentiary hearing

20 necessary to complete the record for habeas corpus

21 review.

22 ‘‘(b) RULING ON CLAIMS.—Upon the development of

23 a complete evidentiary record, the district court shall rule

24 on the claims that are properly before it.
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1 ‘‘§ 2260. Certificate of probable cause inapplicable

2 ‘‘The requirement of a certificate of probable cause

3 in order to appeal from the district court to the court of

4 appeals does not apply to habeas corpus cases subject to

5 the provisions of this chapter except when a second or suc6 cessive petition is filed.

7 § 2261. Application to State unitary review procedure

8 ‘‘(a) DEFINITION.—For purposes of this section, a

9 ‘unitary review’ procedure means a State procedure that

10 authorizes a person under sentence of death to raise, in

11 the course of direct review of the judgment, such claims

12 as could be raised on collateral attack. The provisions of

13 this chapter shall apply, as provided in this section, in re14 lation to a State unitary review procedure if the State es15 tablished by rule of its court of last resort or by statute

16 a mechanism for the appointment, compensation and pay17 ment of reasonable litigation expenses of competent coun18 sel in the unitary review proceedings, including expenses

19 relating to the litigation of collateral claims in the proceed20 ings. The rule of court of statute must provide standards

21 of competency for the appointment of such counsel.

22 ‘‘(b) QUALIFICATION.—A unitary review procedure,

23 to qualify under this section, must include an offer of

24 counsel following trial for the purpose of representation

25 on unitary review, and entry of an order, as provided in

26 section 2256(c), concerning appointment of counsel or
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1 waiver or denial of appointment of counsel for that pur2 pose. No counsel appointed to represent the prisoner in

3 the unitary review proceedings shall have previously rep4 resented the prisoner at trial in the case for which the

5 appointment is made unless the prisoner and counsel ex6 pressly request continued representation.

7 ‘‘(c) EFFECT OF QUALIFICATION.—Sections 2257,

8 2258, 2259, 2260, and 2262 shall apply in relation to

9 cases involving a sentence of death from any State having

10 a unitary review procedure that qualifies under this sec11 tion. References to State ‘post-conviction review’ and ‘di12 rect review’ in those sections shall be understood as refer13 ring to unitary review under the State procedure. The ref14 erences in sections 2257(a) and 2258 to ‘an order under

15 section 2256(c)’ shall be understood as referring to the

16 post-trial order under subsection (b) concerning represen17 tation in the unitary review proceedings, but if a tran18 script of the trial proceedings is unavailable at the time

19 of the filing of such an order in the appropriate State

20 court, then the start of the one hundred and eighty day

21 limitation period under section 2258 shall be deferred

22 until a transcript is made available to the prisoner or his

23 counsel.

24 ‘‘§ 2262. Limitation periods for determining petitions

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) A Federal district court shall determine

2 such a petition or motion within 60 days of any ar3 gument heard on an evidentiary hearing, or where

4 no evidentiary hearing is held, within 60 days of any

5 final argument heard in the case.

6 ‘‘(2)(A) The court of appeals shall hear and de7 termine any appeal relating to such a petition or

8 motion within 90 days after the filing of any reply

9 brief or within 90 days after such reply brief would

10 be due. For purposes of this provision, any reply

11 brief shall be due within 14 days of the opposition

12 brief.

13 ‘‘(B) The court of appeals shall decide any peti14 tion for rehearing and or request by an appropriate

15 judge for rehearing en banc within 20 days of the

16 filing of such a petition or request unless a respon17 sive pleading is required in which case the court of

18 appeals shall decide the application within 20 days

19 of the filing of the responsive pleading. If en banc

20 consideration is granted, the en banc court shall de21 termine the appeal within 90 days of the decision to

22 grant such consideration.

23 ‘‘(3) The time limitations contained in para24 graphs (1) and (2) may be extended only once for

25 20 days, upon an express good cause finding by the
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1 court that the interests of justice warrant such a

2 one-time extension. The specific grounds for the

3 good cause finding shall be set forth in writing in

4 any extension order of the court.

5 ‘‘(4) Since the matters under paragraphs (1)

6 and (2)(A) are to be handled on a priority basis, the

7 time from filing of the petition or motion to final ar8 gument (under paragraph (1)) or of the notice of

9 appeal to the hearing of the appeal (under para10 graph (2)(A)) shall not exceed 4 months, unless ex11 ceptional circumstances require a longer period.

12 Where such time period exceeds 4 months in any pe13 tition or motion (under paragraph (2)(A)), the court

14 shall set forth in writing the exceptional cir15 cumstances causing the delay.

16 ‘‘(b) APPLICATION OF LIMITATION.—The time limi17 tations under section (a) shall apply to an initial petition

18 or motion, and to any second or successive petition or mo19 tion. The same limitations shall also apply to the re-deter20 mination of a petition or motion or related appeal follow21 ing a remand by the court of appeals or the Supreme

22 Court for further proceedings, and in such case the limita23 tion period shall run from the date of the remand.

24 ‘‘(c) CONSTRUCTION.—The time limitations under

25 this section shall not be construed to entitle a petitioner
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1 or movant to a stay of execution, to which the petitioner

2 or movant would otherwise not be entitled, for the purpose

3 of litigating any petition, motion, or appeal.

4 ‘‘(d) EFFECT OF FAILURE.—The failure of a court

5 to meet or comply with the time limitations under this sec6 tion shall not be a ground for granting relief from a judg7 ment of conviction or sentence. The State or Government

8 may enforce the time limitations under this section by ap9 plying to the court of appeals or the Supreme Court for

10 a writ of mandamus.

11 ‘‘(e) REPORT.—The Administrative Office of United

12 States Courts shall report annually to Congress on the

13 compliance by the courts with the time limits established

14 in this section.

15 ‘‘§ 2263. Rule of construction

16 ‘‘This chapter shall be construed to promote the expe17 ditious conduct and conclusion of State and Federal court

18 review in capital cases.’’.

19 (b) CLERICAL AMENDMENT.—The table of chapters

20 at the beginning of part VI of title 28, United States Code,

21 is amended by inserting after the item relating to chapter

22 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases.’’.
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1 TITLE II—REFORM OF

2 EXCLUSIONARY RULE

3 SEC. 201. REFORM OF EXCLUSIONARY RULE.

4 (a) IN GENERAL.—Chapter 223 of title 18, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 3510. Admissibility of evidence obtained by search

8 or seizure assured

9 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA10 SONABLE SEARCH OR SEIZURE.—Evidence which is ob11 tained as a result of a search or seizure shall not be ex12 cluded in a proceeding in a court of the United States

13 on the grounds that the search or seizure was in violation

14 of the fourth amendment to the Constitution of the United

15 States, if the search or seizure was carried out in cir16 cumstances justifying an objectively reasonable belief that

17 it was in conformity with the fourth amendment. The fact

18 that evidence was obtained pursuant to and within the

19 scope of a warrant constitutes prima facie evidence of the

20 existence of such circumstances.

21 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

22 RULE.—Evidence shall not be excluded in a proceeding

23 in a court of the United States on the ground that it was

24 obtained in violation of a statute, an administrative rule

25 or regulation, or a rule of procedure unless exclusion is
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1 expressly authorized by statute or by a rule prescribed by

2 the Supreme Court pursuant to statutory authority.

3 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

4 not be construed to require or authorize the exclusion of

5 evidence in any proceeding.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 223 of title 18, United States

8 Code, is amended by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

9 TITLE III—PRISONS

10 SEC. 301. LUXURIES ABOLISHED.

11 Section 4001(b)(2) of title 18, United States Code,

12 is amended by adding at the end: ‘‘The Attorney General

13 shall, not later than 120 days from the enactment of this

14 section, implement and enforce regulations mandating

15 prison work for all able-bodied inmates in Federal penal

16 and correctional institutions. Such regulations shall also

17 prohibit the government provision in inmates’ cells of tele18 vision, radio, telephone stereo or other similar amenities.’’.

19 SEC. 302. PRISON SECURITY.

20 (a) IN GENERAL.—Chapter 303 of title 18, United

21 States Code, is amended by adding at the end the follow22 ing new section:

23 ‘‘§ 4047. Strength-training of prisoners prohibited

24 ‘‘The Bureau of Prisons shall take care that—
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1 ‘‘(1) prisoners under its jurisdiction do not en2 gage in any activities designed to increase both their

3 physical strength and their fighting ability; and

4 ‘‘(2) that all equipment designed for this pur5 pose be removed from Federal correctional facili6 ties.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 303 of title 18, United States

9 Code, is amended by adding at the end the following new

10 item:

‘‘4047. Strength-training of prisoners prohibited.’’.

11 TITLE IV—ENHANCED GUN

12 PENALTIES

13 SEC. 401. ENHANCED PENALTIES FOR PERSONS CON14 VICTED OF USING OR CARRYING A FIREARM

15 DURING AND IN RELATION TO A FELONY.

16 (a) IN GENERAL.—Section 924(c) of title 18, United

17 States Code, is amended to read as follows:

18 ‘‘(c) Whoever, during and in relation to a crime that

19 is a felony (including a felony which provides for an en20 hanced punishment if committed by the use of a deadly

21 or dangerous weapon or device) for which he may be pros22 ecuted in a court of the United States, uses or carries a

23 firearm, shall, in addition to the punishment provided for

24 such crime, be sentenced to imprisonment for 5 years, and

25 if the firearm is a short-barreled rifle or short-barreled
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1 shotgun, to imprisonment for 10 years, and if the firearm

2 is a machinegun or destructive device, or is equipped with

3 a firearm silencer or firearm muffler, to imprisonment for

4 30 years. In the case of the 2nd or subsequent conviction

5 of the person under this subsection, the person shall be

6 sentenced to life imprisonment without release. Notwith7 standing any other provision of law, a term of imprison8 ment imposed under this subsection shall not run concur9 rently with any other term of imprisonment including that

10 imposed for the crime in which the firearm was used or

11 carried.’’.

12 (b) CONFORMING AMENDMENT.—Section 101(a)(43)

13 of the Immigration and Nationality Act (8 U.S.C.

14 1101(a)(43)) is amended by inserting ‘‘(as in effect imme15 diately before the enactment of the Gun Crime Control

16 Act)’’ after ‘‘18’’ the 1st place such term appears.

17 TITLE V—DEATH PENALTY

18 SEC. 501. FINDING BY JURY.

19 Section 3593(e) of title 18, United States Code, is

20 amended by striking ‘‘the jury’’ the first place it appears

21 and all that follows through the end of subsection (e) and

22 inserting the following: ‘‘the jury, or if there is no jury,

23 the court, shall then consider whether the aggravating fac24 tor or factors found to exist outweigh any mitigating fac25 tors. The jury, or if there is no jury, the court shall rec-
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1 ommend a sentence of death if it unanimously finds at

2 least one aggravating factor and no mitigating factor or

3 if it finds one or more aggravating factors which outweigh

4 any mitigating factors. In any other case, it shall not rec5 ommend a sentence of death. The jury shall be instructed

6 that it must avoid any influence of sympathy, sentiment,

7 passion, prejudice, or other arbitrary factors in its deci8 sion, and should make such a recommendation as the in9 formation warrants. The jury shall be instructed that its

10 recommendation concerning a sentence of death is to be

11 based on the aggravating factor or factors and any miti12 gating factors which have been found, but that the final

13 decision concerning the balance of aggravating and miti14 gating factors is a matter for the jury’s judgment.’’.

15 SEC. 502. CONFORMING AMENDMENT.

16 Section 3594 of title 18, United States Code, is

17 amended by striking ‘‘or life imprisonment without possi18 bility of release’’.

19 TITLE VI—CIVIL RIGHTS OF IN20 STITUTIONALIZED PERSONS

21 ACT

22 SEC. 601. EXHAUSTION REQUIREMENT.

23 Section 8 of the Civil Rights of Institutionalized Per24 sons Act (42 U.S.C. 1997e) is amended in subsection

25 (a)—
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1 (1) in paragraph (1)—

2 (A) by striking ‘‘in any action brought’’

3 and inserting ‘‘no action shall be brought’’;

4 (B) by striking ‘‘the court shall’’ and all

5 that follows through ‘‘require exhaustion of’’

6 and insert ‘‘until’’; and

7 (C) by inserting ‘‘are exhausted’’ after

8 ‘‘available’’; and

9 (2) in paragraph (2), by inserting ‘‘or are oth10 erwise fair and effective’’ before the period at the

11 end.

12 SEC. 602. FRIVOLOUS ACTIONS.

13 Section 8(a) of the Civil Rights of Institutionalized

14 Persons Act (42 U.S.C. 1997e(a) is amended by adding

15 at the end the following:

16 ‘‘(3) The court shall on its own motion or on

17 motion of a party dismiss any action brought pursu18 ant to section 1979 of the Revised Statutes of the

19 United States by an adult convicted of a crime and

20 confined in any jail, prison, or other correctional fa21 cility if the court is satisfied that the action fails to

22 state a claim upon which relief can be granted or is

23 frivolous or malicious.’’.
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1 SEC. 603. MODIFICATION OF REQUIRED MINIMUM STAND2 ARDS.

3 Section 8(b)(2) of the Civil Rights of Institutionalized

4 Persons Act (42 U.S.C. 1997e(b)(2)) is amended by strik5 ing subparagraph (A) and redesignating subparagraphs

6 (B) through (E) as subparagraphs (A) through (D), re7 spectively.

8 SEC. 604. REVIEW AND CERTIFICATION PROCEDURE

9 CHANGES.

10 Section 8(c) of the Civil Rights of Institutionalized

11 Persons Act (42 U.S.C. 1997e(c) is amended—

12 (1) in paragraph (1), by inserting ‘‘or are oth13 erwise fair and effective’’ before the period at the

14 end; and

15 (2) in paragraph (2), by inserting ‘‘or is no

16 longer fair and effective’’ before the period at the

17 end.

18 SEC. 605. PROCEEDINGS IN FORMA PAUPERIS.

19 (a) DISMISSAL.—Section 1915(d) of title 28, United

20 States Code, is amended—

21 (1) by inserting ‘‘at any time’’ after ‘‘counsel

22 and may’’;

23 (2) by striking ‘‘and may’’ and inserting ‘‘and

24 shall’’;
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1 (3) by inserting ‘‘fails to state a claim upon

2 which relief may be granted or’’ after ‘‘that the ac3 tion’’; and

4 (4) by inserting ‘‘even if partial failing fees

5 have been imposed by the court’’ before the period.

6 (b) PRISONER’S STATEMENT OF ASSETS.—Section

7 1915 of title 28, United States Code, is amended by add8 ing at the end the following:

9 ‘‘(f) If a prisoner in a correctional institution files

10 an affidavit in accordance with subsection (a) of this sec11 tion, such prisoner shall include in that affidavit a state12 ment of all assets such prisoner possesses. The court shall

13 make inquiry of the correctional institution in which the

14 prisoner is incarcerated for information available to that

15 institution relating to the extent of the prisoner’s assets.

16 The court shall require full or partial payment of filing

17 fees according to the prisoner’s ability to pay.’’.

18 TITLE VII—CONDITIONS OF

19 CONFINEMENT

20 SEC. 701. ACTIONS CHALLENGING CONDITIONS OF CON21 FINEMENT.

22 (a) IN GENERAL.—Title 28, United States Code is

23 amended by inserting after chapter 176 the following new

24 chapter:
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1 ‘‘CHAPTER 177—ACTIONS CHALLENGING

2 CONDITIONS OF CONFINEMENT

‘‘Sec.

‘‘3401. Limitations on remedies.

3 ‘‘§ 3401. Limitations on remedies

4 ‘‘The district court, in any action challenging the con5 stitutionality of conditions of confinement in any prison,

6 jail, detention facility, or other correctional institution

7 housing persons accused or convicted of a crime or juve8 niles adjudicated delinquent, shall have no jurisdiction to

9 issue or enforce any order (including entering or enforcing

10 any consent decree) that—

11 ‘‘(1) imposes a ceiling on the population of any

12 institution or requires any adjustment of the release

13 dates of inmates; or

14 ‘‘(2) prohibits the use of tents or prefabricated

15 structures for housing inmates.’’.

16 (b) CLERICAL AMENDMENT.—The table of chapters

17 at the beginning of part VI of title 28, United States Code,

18 is amended by inserting after the item relating to chapter

19 176 the following:

‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.

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